abuse

(1) The term “abuse” means any act or failure to act by an employee of a facility rendering care or treatment which was performed, or which was failed to be performed, knowingly, recklessly, or intentionally, and which caused, or may have caused, injury or death to a individual with mental illness, and includes acts such as— (A) the rape or sexual assault of a 1 individual with mental illness; (B) the striking of a 1 individual with mental illness; (C) the use of excessive force when placing a 1 individual with mental illness in bodily restraints; and (D) the use of bodily or chemical restraints on a 1 individual with mental illness which is not in compliance with Federal and State laws and regulations.

Source

42 USC § 10802(1)


Scoping language

For purposes of this subchapter
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